Common use of Level Four - Advisory Arbitration Clause in Contracts

Level Four - Advisory Arbitration. a. In the event that the employee is not satisfied with the disposition of his/her grievance at Level Three, the Association may submit the grievance for advisory arbitration. b. Under Alternative I the Association must notify the Superintendent of Schools in writing of its intention to submit a grievance for advisory arbitration within thirty (30) calendar days following receipt by the aggrieved of the decision at Level Three and must commence the process for advisory arbitration within five (5) calendar days following receipt of such notification by the Superintendent. c. The Association may submit a grievance for arbitration to a Committee of Three, or if requested by either the Association or the Board, to the American Arbitration Association or, at the option of the Association, to the Alternative Dispute Resolution Center. d. A Committee of Three shall be persons selected jointly by the Association and the Superintendent who are experienced, impartial and disinterested parties of recognized competence. e. If the Parties are unable to agree upon a Committee within five (5) calendar days following receipt by the Superintendent of notification from the Association of its intention to submit the grievance for advisory arbitration, the Association shall submit the grievance immediately to the American Arbitration Association or, at the option of the Association, to the Alternative Dispute Resolution Center for advisory arbitration in accordance with its administrative procedures, practices and rules. f. The Committee or the arbitrator shall receive evidence of the facts of the grievance and hear arguments of the Parties following which the Committee or the arbitrator shall render to the Superintendent, the Board and the Association a finding of the facts relating to the grievance and an advisory opinion whether, as applicable, Article IV of this Agreement was misinterpreted, or a specific provision of the School Code that explicitly relates to salaries or other conditions of employment was misinterpreted, or any action taken or refused by administrative personnel was unfair. The Committee or the arbitrator shall have no power or authority to render an opinion the effect of which would be to modify, alter or amend the terms of the Article. g. The opinion of the Committee or the arbitrator shall be submitted to the Board and the Association and shall be advisory only and no judgment may be entered thereon. h. Upon receipt and consideration of the report of the Committee or the arbitrator, the Board shall reconsider the decision made at Level Three and shall notify the employee and the Association of its decision to modify or affirm same within two (2) calendar weeks of receipt of the report. During the reconsideration, the Board may request but not require that the employee meet with the Board. i. All costs and expenses for the services of a Committee or an arbitrator shall be borne equally by the Board and the Association.

Level Four - Advisory Arbitration. a. In a) If the event that the employee aggrieved person is not satisfied with the disposition of his/her his grievance at Level ThreeThree or if no decision has been rendered within thirteen (13) school days after the grievance was delivered to the Board, he may within eight (8) school days after decision by the Board or fifteen (15) school days after the grievance was delivered to the Board (whichever is sooner), request in writing that the Association invoke the services of the New Jersey Public Employment Relations Commission for the purpose of arbitration. If the Association determines that the grievance is meritorious, it may submit the grievance for advisory arbitration. b. Under Alternative I to the Association must notify the Superintendent New Jersey Public Employment Relations Commission as aforesaid within fifteen (15) school days after receipt of Schools in writing of its intention to submit a grievance for advisory arbitration within thirty (30) calendar days following receipt said request by the aggrieved of the decision at Level Three and must commence the process for advisory arbitration within five (5) calendar days following receipt of such notification by the Superintendentperson. c. The Association may submit a grievance for arbitration b) Within ten (10) school days after such written notice of submission to a Committee of Three, or if requested by either the Association or the Board, to the American Arbitration Association or, at the option of the Association, to the Alternative Dispute Resolution Center. d. A Committee of Three shall be persons selected jointly by the Association and the Superintendent who are experienced, impartial and disinterested parties of recognized competence. e. If the Parties are unable to agree upon a Committee within five (5) calendar days following receipt by the Superintendent of notification from the Association of its intention to submit the grievance for advisory arbitration, the Association shall submit the grievance immediately to the American Arbitration Association or, at the option of the Association, to the Alternative Dispute Resolution Center for advisory arbitration in accordance with its administrative procedures, practices and rules. f. The Committee or the arbitrator shall receive evidence of the facts of the grievance and hear arguments of the Parties following which the Committee or the arbitrator shall render to the Superintendent, the Board and the Association shall attempt to agree upon a finding mutually acceptable arbitrator and shall obtain a commitment from said arbitrator to serve. If the parties are unable to agree upon an arbitrator or to obtain such a commitment within the specified period, a request for a list of arbitrators may be made to the Public Employment Relations Commission by either party. The parties shall then be bound by the rules and procedures of the facts relating to Public Employment Relations Commission in the grievance and an advisory opinion whether, as applicable, Article IV of this Agreement was misinterpreted, or a specific provision selection of the School Code that explicitly relates arbitrator. c) The arbitrator so selected shall confer with the representatives of the Board and the Association and hold hearings promptly and shall issue his decision not later than twenty (20) days from the date of the close of the hearings or, if oral hearings have been waived, then from the date the final statements and proofs of the issues are submitted to salaries or other conditions of employment was misinterpreted, or any action taken or refused by administrative personnel was unfairhim. The Committee or arbitrator's decision shall be in writing and shall set forth his findings of fact, reasoning and conclusions on the issues submitted to him. The arbitrator shall have no be without power or authority to render make any decision which requires the commission of an opinion the effect act prohibited by law or which is violative of which would be to modify, alter or amend the terms of the Article. g. this Agreement. The opinion decision of the Committee or the arbitrator shall be submitted to the Board and the Association Association. This decision is advisory in nature and shall be advisory only and no judgment may be entered thereonnot binding on either the Board or the Association. h. Upon receipt and consideration of the report of the Committee or the arbitrator, the Board shall reconsider the decision made at Level Three and shall notify the employee and the Association of its decision to modify or affirm same within two (2d) calendar weeks of receipt of the report. During the reconsideration, the Board may request but not require that the employee meet with the Board. i. All The costs and expenses for the services of a Committee or an arbitrator the arbitrator, including per diem expenses, if any, and actual and necessary travel, subsistence expenses and the cost of the hearing room, shall be borne equally by the Board and the Association. Any other expenses incurred shall be paid by the party incurring same.

Level Four - Advisory Arbitration. a. In If the event that the employee aggrieved person is not satisfied with the disposition of his/her his grievance at Level Three, the Association may submit or if no decision has been rendered within fifteen (15) school days after the grievance for advisory arbitration. b. Under Alternative I was delivered to the Association must notify the Superintendent of Schools in writing of its intention to submit a grievance for advisory arbitration within thirty (30) calendar days following receipt by Superintendent, the aggrieved of the decision at Level Three and must commence the process for advisory arbitration person may within five (5) calendar school days following receipt of such notification after a decision by the Superintendent. c. The , or fifteen (15) school days after the grievance was delivered to the Superintendent, whichever is sooner, request in writing that the Association submit his grievance to arbitration as defined below; if the Association determines that the grievance is meritorious, it may submit a the grievance for to arbitration to a Committee of Three, or if requested by either the Association or the Board, to the American Arbitration Association or, at the option of the Association, to the Alternative Dispute Resolution Center. d. A Committee of Three shall be persons selected jointly by the Association and the Superintendent who are experienced, impartial and disinterested parties of recognized competence. e. If the Parties are unable to agree upon a Committee within five (5) calendar fifteen school days following after receipt by the Superintendent of notification from the Association of its intention to submit the grievance for advisory arbitration, the Association shall submit the grievance immediately to the American Arbitration Association or, at the option of the Association, to the Alternative Dispute Resolution Center for advisory arbitration in accordance with its administrative procedures, practices and rulesaggrieved person. f. The Committee or the arbitrator shall receive evidence b. Within ten (10) school days after such written notice of the facts of the grievance and hear arguments of the Parties following which the Committee or the arbitrator shall render submission to the Superintendentarbitration, the Board and the Association shall attempt to agree upon a finding mutually acceptable arbitrator and shall obtain a commitment from said arbitrator to serve. If the parties are unable to agree upon an arbitrator or to obtain such commitment within the specified period, a request for a list of arbitrators may be made to the New Jersey Public Employment Relations Commission by either party. The parties shall then be bound by the rules and procedures of the facts relating New Jersey Public Employment Relations Commission. c. The arbitrator so selected shall confer with the representatives of the Board and the Association and hold hearings promptly and shall issue his decision not later than twenty (20) school days from the date of the close of the hearings, or if oral hearings have been waived, then from the date the final statements and proofs on the same issues are submitted to the grievance and an advisory opinion whether, as applicable, Article IV of this Agreement was misinterpreted, or a specific provision of the School Code that explicitly relates to salaries or other conditions of employment was misinterpreted, or any action taken or refused by administrative personnel was unfairarbitrator. The Committee or arbitrator's decision shall be in writing and shall set forth the arbitrator's findings of fact, reasoning and conclusions on the issues submitted. The arbitrator shall have no be without power or authority to render make any decision which requires the commission of an opinion the effect act prohibited by law or which is violative of which would be to modify, alter or amend the terms of the Article. g. this Agreement. The opinion decision of the Committee or the arbitrator shall be submitted to the Board and the Association and shall be advisory only and no judgment may be entered thereon. h. Upon receipt and consideration of to the report of the Committee or the arbitrator, parties except that if the Board shall reconsider the decision made at Level Three and shall notify the employee and the Association of its decision to modify or affirm same within rejects two (2) calendar weeks arbitration decisions arising out of receipt grievances occurring during a single contract year, then all subsequent decisions arising during the same contract year shall be binding on both parties. d. In the event that arbitrability of a grievance is at issue between the report. During parties, jurisdiction to resolve the reconsideration, the Board may request but not require that the employee meet issue shall rest solely with the Boardarbitrator selected in accordance with the provisions of Section C 5b of this Article. i. All e. The costs and expenses for the services of a Committee or an arbitrator the arbitrator, including per diem expenses, if any, and actual and necessary travel, subsistence expenses and the cost of the hearing room shall be borne equally by the Board and the Association. Any other expenses incurred shall be paid by the party incurring same.

Level Four - Advisory Arbitration. a. In A. If the event that decision of the Board does not resolve the grievance to the grievant’s satisfaction and the Association wishes review by a third party, it shall so notify the Board, in writing, within ten (10) school days of receipt of the Board’s decision. Grievances concerning (a) a complaint of an employee is not satisfied with the disposition which arises by reason of his/her grievance at Level Threenot being re-employed; (b) a complaint by an employee occasioned by the withholding of a salary increase or increment; (c) any matter which, according to law, is either beyond the Association may submit scope of Board authority or limited to action by the grievance Board alone and (d) any matter for advisory which a method for review is prescribed by law or any rule or regulation of the State Commissioner of Education such as, but not limited to, questions of increment denial, or suspension, shall not be subject to arbitration. b. Under Alternative I the Association must notify the Superintendent of Schools in writing of its intention to submit a grievance for advisory arbitration within thirty B. Within ten (3010) calendar school days following after receipt by the aggrieved of the decision at Level Three and must commence the process for advisory arbitration within five (5) calendar days following receipt of such notification by the Superintendent. c. The Association may submit a grievance for arbitration request to a Committee of Three, or if requested by either the Association or the Board, to the American Arbitration Association or, at the option of the Association, to the Alternative Dispute Resolution Center. d. A Committee of Three shall be persons selected jointly by the Association and the Superintendent who are experienced, impartial and disinterested parties of recognized competence. e. If the Parties are unable to agree upon a Committee within five (5) calendar days following receipt by the Superintendent of notification from the Association of its intention to submit the grievance for advisory arbitration, the Association shall submit the grievance immediately to the American Arbitration Association or, at the option of the Association, to the Alternative Dispute Resolution Center for advisory arbitration in accordance with its administrative procedures, practices and rules. f. The Committee or the arbitrator shall receive evidence of the facts of the grievance and hear arguments of the Parties following which the Committee or the arbitrator shall render to the Superintendent, the Board and the Association shall attempt to agree upon a finding mutually acceptable arbitrator. If the parties are unable to agree, a request for a list of arbitrators shall be made jointly to the American Arbitration Association. The parties shall then be bound by the rules and procedures of the facts relating American Arbitration Association in the selection of an arbitrator. C. The arbitrator shall limit him/herself to the grievance issues submitted to him/her and an advisory opinion whether, as applicable, Article IV of this shall not add to nor subtract anything from the Agreement was misinterpreted, or a specific provision of between the School Code that explicitly relates to salaries or other conditions of employment was misinterpreted, or any action taken or refused by administrative personnel was unfairparties. The Committee or arbitrator’s decision shall be binding only to the arbitrator extend required by law. The parties shall have no power or authority to render an opinion be responsible for all costs incurred by each and only the effect fees and expenses, if any, of which would be to modify, alter or amend the terms of the Article. g. The opinion of the Committee or the arbitrator shall be submitted shared by each party paying one half. Where, however, the grievant elects to proceed without the Board and Association’s concurrence, the Association and costs shall not be borne or shared by the Association. The Arbitrator’s cost in such event shall be advisory only shared equally between the grievant and no judgment may be entered thereon. h. Upon receipt and consideration of the report of the Committee or the arbitrator, the Board shall reconsider the decision made at Level Three and shall notify the employee and the Association of its decision to modify or affirm same within two (2) calendar weeks of receipt of the report. During the reconsideration, the Board may request but not require that the employee meet with the Board. i. All costs and expenses for D. Time lost by any grievant and/or his representative due to proceedings, shall not be charged to personal time, nor shall there be any loss in pay. Note: The number of levels will depend on the services Administrative structure of a Committee or an arbitrator shall be borne equally by the Board and the Associationour district.